A New York judge on Tuesday ordered actress Kelly Rutherford to send her 2 children, son Hermes, 8, and daughter Helena, 6, back to their father in Monaco. A Monaco court previously gave Rutherford's ex-husband Daniel Giersch primary custody over their children. Rutherford and Giersch divorced in 2010.
The 46-year-old 'Gossip Girl' star has fought the Monaco court for visitation rights for years. Her legal team told a California judge that Giersch, 41, violated the terms of a previous child custody agreement that allowed the children to spend the summer with their mother in California.
The California judge gave Rutherford temporary custody of the children in June. But she failed to send the children back to their father in Monaco as ordered. Giersche can not enter the U.S. due to issues obtaining a travel visa.
Rutherford argued that she was not obligated to send the children back because California and New York courts do not have jurisdiction over Monaco matters, despite the fact that the children are American-born citizens.
Judge Ellen Frances Gesmer disagreed. Gesmer was angry that Rutherford did not bring the children to court Tuesday as she had ordered.
Rutherford's lawyer told the judge the children were "10 minutes away." Giersch's mother was in court to take custody of the children.
From Gossip Cop:
Giersch’s camp accused Rutherford of essentially kidnapping the children by missing the return deadline, and now Judge Gesmer has signed a court order demanding the kids go back to Monaco immediately, where they will stay as Giersch works out his visa issues. The next hearing in Monaco, however, is slated for September 3.
Hermes and Helena are currently with Giersch’s mom and now on their way to the airport for a flight to Monaco.
Photo: Elder Ordonez/INFphoto.com